[ applause ] how about our studio audience. we love you. i'm greg gutfeld and i love you, america. >> shannon: welcome to fox news at night. i'm shannon breen in washington. progressives put biden's agenda on ice, even a last-ditch visit to congress by the commander in chief himself was not enough to unite the party. dean phillips who was confidence earlier in the day that the president would close the deal

admitting that his optimism was clearly misguided, apologies to all inspire bid my hopefulness. golden state warrior's star saying that as team leader it's not his place to push the vaccines on his teammates adding that the politicizing of vaccines can lead to turnoffs. and the agency is fighting back against the state of new york saying it's being targetled due to religious beliefs. we start with sotomayor rejecting a request of teachers seeking to block the mandate ahead of friday's deadline for unvaccinated workers to get their first dose of the vaccine or risk their jobs. gavin newsom announced the first mandate for school children, there's a notable exception. >> in new york city, roughly 15,000 of the city's 150,000

public education employees were not vaccinated by friday's deadline and now risk losing their jobs and livelihood. here in california, teachers are going to be required to get vaccinated soon. a group of new york city teachers asked the u.s. supreme court for an emergency injunction blocking new york city's vaccine mandate. but friday afternoon, justice sotomayor denied their request. new york teachers argue it's their right to get regularly tested versus getting vaccinated unlike california where teachers are asked to get a vaccine or be tested weekly. one teacher is worried she'll be fired and won't be able to support her family. >> that's a horrible place for a person like me, one, has immunity, two, has antibodies and has suffered in the past of blood clots. >> 90% of public education

employees in new york city had one shot. >> let people know this is not something i'm going to deviate from. i'm going to hold firm. if you're waiting, what are you waiting for? we're not changing our position on that, which has been firm. >> on friday, california became the first state to require all in-person students 12 and up get vaccinated. governor newsom's new mandate will not take effect until the fda fully approves the vaccine for children 12 and older. allstate employees will have to get the vaccine. you might have seen video coming out of australia with tight lockdowns. australia plans to open its international border in november ending one of the strictest covid-era travel bans. shannon? >> shannon: samuel aleto firing back against the so-called shadow docket. the justice said there's nothing

uncommon about the handling of emergency applications like the recent ruling that allowed texas to ban most abortions at six weeks. >> the catchy and sinister term shadow docket has been used to portray the court as having been captured by a dangerous can ball that resorts to sneak yip and improper methods to get its ways. this portrayal is to intimidate the court. >> shannon: he said shadow docket should be changed to emergency docket because it's the way the judges cover all of the requests. it creates an in person presidential prison couldn't seal the deal among lawmakers on bide up's build back better agreement.

kevin cork tells us where the negotiations will go from here. hey, kevin. >> great to be with you. happy friday. a presidential trip to crap toll hill proved a bit more stage craft than substantive. they continue their intraparty war on what will or what will make the cut on the infrastructure and social program spending continues here in the nation's capitol. the top-line takeaway at this hour, congressional democrats need more time, that from house speaker nancy pelosi who penned a dear colleague letter tonight which reads in part, while great progress has been meat in the negotiations to develop a house, senate, and white house agreement on the build back better act, more time is needed to complete the task. pelosi releasing that letter hours aft the president made his way to capitol hill to speak with the house democratic caucus. he rejected suggestions that the policy/spending tug-of-war is somehow out of the ordinary here

in washington. by the way later he tried to tamp down timing expectations by telling a reporter this. >> it doesn't matter when, doesn't matter if it's six minutes, six days, or six weeks. we're going to get it done. >> time will tell. while the white house seems willing to patiently stir the political dwra i have until it's just right, it's two recalls -- democrats drawing the most atenths and the most fire. half of manchin is showing us something waiting for the other half to show something besides a designer purse. a little mansplaining there. >> i never met with the

president. she meets with him every other day. she's a first-term senator and hasn't put out a framework out yet. >> sounding a little jealous in that conversation there to some people. now, senators manchin and sinema have publicly refused to back the $3.5 trillion price tag with manchin mentioning a $1.5 trillion target. he previously mentioned, shannon, we already spent $5.4 trillion just since last march. >> shannon: those are real numbers. if you need something to make you feel a little better, to feel comforted, we're going to talk about that in a few minutes. going to the weekend, who doesn't need that? >> see you then. >> shannon: the massive spending bill, inflation continues to soar. the price of goods and services increasing faster than expected in august, recent headlines are

revealing the impacts on our wallets. bacon at an all-time high, increasing 28% in the last month along. and retailers are expecting $1.2 trillion worth of on-line sales this holiday season, even though they say buyers are going to be purchasing less. let's bring in dream team panel to talk about what economic indicators are telling us about the president and his policies. freedom works economist, steve moore, and rnc national spokesperson paris denard, great to have you back. >> hey, good to be with you. >> shannon: i want to start with this. from "the new york times," talking about inflation, the problem it poses for the president among other things, it says inflation and supply issues causes a headache for the white house as rising costs chip away at voters' paychecks and as houses and cars more expense ich and difficult to buy. steve, where are we going? >> it is a big problem.

it's economic and political. let's not forget that jimmy carter lost his presidency to ronald reagan 40 years ago because of out of control inflation. i don't think joe biden wants to suffer the same thing. inflation is running at 5% to 6%. shannon. and wages are up by about 4%. so, it's not hard to understand the math there. the people's paychecks are shrinking under this president was prices are rising. there's no sign of inflation abating. i will say one other thing about this, if you're worried about inflation as i am, i think most americans are, that's the worst possible thing you could do is pass a $5 trillion debt bill that's paid for by printing money that would make inflation much, much worse. >> shannon: a slew of recent polls show the americans are keenly aware of the inflationary spike that's going on and they're concerned. it's one of their top concerns. meanwhile, it's a tough week for the democrats trying to get it done, especially with theth be

going to capitol hill. we hear from josh. he's a democrat, one of the more centrists there. he says this, along with members, i've been working around the clock to pass the bipartisan infrastructure bill. but a small far left faction of the house of representatives und mined us and blocked the bill. we cannot let this faction destroy the president's agenda. can they get on the same page? >> i hope they do. i'm an eternal optimist as a democrat. you're seeing this play out in realtime. that's the beauty of the democratic party. we're a coalition party where we have a left and right flank. you see the president really active this week in the preceding weeks especially with the senate republicans negotiating this bipartisan framework for infrastructure. and obviously, the budget reconciliation package. as you said at the outset, played a clip from him, there's no set timeline in this. obviously we want to see this

happen by the fall, right? heading into the christmas season. but, of course, we're going to hash this out. at the end of the day, i'm an optimist. i think we'll get this done. don't count out pelosi in caucus politics. in the waying years of her speakership, she said this is something she's focused on and is someone that's seen her career potentially coming to an end, i think she'll get that across the finish line. >> shannon: kevin is right. there have been times people mistakenly counted her out. she's good at pulling the caucuses together enough to get the major packages across the finish line. can she do it? what the democrats will say is when you talk about specifics like infrastructure, it polls well. people want to see some of this get done for the country. >> one thing that kevin said was correct was the waning years of

her speakership. bill like this are not popular with the american people. democrats are in disarray. it has real impact. if this bill were to pass, $27,000 new spending for every american house hold. i'm here in austin, texas tonight. we're's at an rnc finance retreat. senator tim scott spoke to our he talked about the content of the bill is more concerning than the cost of the bill. we don't know what's in it. when they come out with it and exposed for the garbage inside of this bill that's costing american taxpayers more and more money on top of the inflation, on top of the rising gas prices which are a middle class tax increase, the american people are going to reject it. they reject it. you can see the poll numbers for the president taking a dive. because the american people see it, they feel it. and they don't like it. this ain't working. >> shannon: to that point,

almost all of the recent polls for the president have been negative. they've been trending down because of a number with of crises, afghanistan, the drone strike, inflation. all of the unrest on capitol hill. i want to go down the line. do you think the two major bills gets passed. if so, what's the time line. paris, to you first? >> i hope it doesn't get passed. but if the democrats continue on this line, it's going to take forever, because they're in total disarray. they have no path to get this passed. >> shannon: kevin? >> we're going to pass the two bills in conjunction with each other. the president's numbers will rebound. everybody is frustrated with the delta variety in covid and when we get it done, the president's numbers will rebound and we'll get it done for the american people. >> president biden when he was campaigning he said so many times, you're not electing bernie sanders, you're electing

me. the reason this is going to be ejected is this is the bernie sanders agenda. americans don't want trillions of more debt and higher taxes and spending. this will go down in flames and that will be so good for the country. >> shannon: this is a very wonky showdown. those of us inside the beltway have been popping popcorn to watch what happens. have a wonderful weekend. >> thanks. >> have a great weekend, shannon. >> shannon: body cam footage providing more insight to the domestic dispute between laundrie and petito weeks before her death. >> did he hit you. it's okay if you hit him. if he hit you. we want to know if he hit you. where did he hit you? don't worry. >> right in my face.

>> gabby petin o's family was made aware of the footage after it was released and has seen it but have not commented at this time. >> i was apologizing. >> you can only imagine as a parent what it is like to see your daughter in such distress and hearing her so upset and visibly shaken, her voice trembling while pleading with the officers if there was anything she and her boyfriend brian laundrie could do not to be cited for domestic violence, suggesting they get a speeding or parking ticket as well. the couple was separated for the night.

they had another fight in a tex-mex restaurant down the road before they entered the creek campgrounds where their van was spotted by a travel blogger and where gabby's remains were found on september 19. we went to jackson to meet up with petino's step daughter jim schmitt who travelled to the area where his step daughter was spotted. hours before the body was found, i was with him to talk about the search to find gabby and about piecing together information from her family's last communication with her, a facetime call with her mother. >> was it a call, a facetime? >> it was a facetime. that was the last time we saw her. and she was coming to the grand tetons. everything after that was a few text messages. knowing the time line now, we have a lot of questions about that. it is a text message. anybody could send it. >> were you on that facetime

call? >> no, i wasn't. >> so, that is the last known actual communication? >> yes. >> as the family waits for more answers in the case, they're waiting on word on when her remains will be released by the fbi, which is when we should learn her cause of death. her family will head back to wyoming to bring her home to new york after she's cremated. shannon? >> shannon: laura, thank you very much. still to come, an unruly passenger makes quite a daring exit from a plane. and one wild cat is no match for a lady and her walking stick. today's best viral videos are next. what's the #1 retinol brand used most by dermatologists? it's neutrogena® rapid wrinkle repair® smooths the look of fine lines in 1-week, deep wrinkles in 4. so you can kiss wrinkles goodbye! neutrogena® to run a growing business, is to be on a journey. and along the ride, you'll find many challenges.

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the dog whisperer. now a diver is known as the shark whisperer because of what you see in the video. he was surrounded by a tiger shark. he noticed a hook was on one of the fins. he swam over to remove it. the sharks are deadly, but this is a risk worth taking he said. frankly, the shark seemed thankful. a move you might only see in a mission impossible movie, a passenger in an american airlines flight arriving in miami and stood on the wing while the flight was taxiing to the gate. the 33-year-old u.s. citizen was quickly apprehended by u.s. customs and border protection transferred for medical attention. a 55-year-old woman from mumbai seen fighting off a leopard with just her walking stick. the woman sustained scratches. went to the hospital for minor injuries. we all know who got the best end

of that fight, good for her. a water main break is sending water soaring to the air and pouring on a street in california tonight. news helicopters capturing this angle of it. we're told there were first responders on the scene. no word when they'll get that under control and shut that water down. and what works better than a baby gate? a puppy baby gate. take a look at this. little guy trying to climb up the stairs, kept safe and now parents, best friends, totally cute. i love it. trying to protect the little ones. if you have any viral video to share, hit us up tonight on fox news media. now to the southern border crisis and the new emphasis from the biden administration on who it chooses to detain and deport. apparently just being here illegally is no longer mean for rest and removal. tonight from del rio, texas. >> when the waters from the rio

grande is low, the sun is shining bright, that is when they make their move, troopers club them as they take the first steps to the river, a few splashes and helping hand later, the migrants are in the land of the free. >> freedom, that's the word. >> she and her group made the journey from cuba, leaving evening behind. >> yes, my family, my father, mother, grandpa, my mother are just coming there. >> the few personal items to start a new life in a new country. depending on their situation, many of these migrants are handed over to border patrol. they're loaded up and processed. often given a notice to appear for a later date in court. then released into the u.s. in the trump administration, agents were able to detain anyone who entered the u.s. illegally. while the judge ruled the biden

add administration can still deport for chapter 42, the emphasis will be on those who pose securityment. bracing for what could be up the road. >> del rio is a success. del rio looks like the port of entrance again. >> for migrants like tatiana, the concern is who they left behind. >> my heart and -- it's pain because they don't have anything like this. the food, the freedom, nothing, nothing. >> the mayor here in del rio, texas says right now they have information that 20 to 50,000 migrants are in many ex-co-looking for a place to cross. some authorities estimate that number could be as high as 60,000 people and could arrive on the border within weeks. jeff paul, fox news.

>> shannon: as it develops, kevin, time to come back for something good and comfortable for tonight's midnight snack. home cooked meals by mom. tell us. >> i love this story. we recently took a look at some of the all-time favorite recipes according to allrecipes. if you go on-line, you uh can see they have great stuff. the ten most loved recipes that come straight from mom. got me to thinking, i want to share the sweets and breads category, okay? zucchini bread, chocolate chip cookies, mom's peanut brittle, ginger snaps. how about from the comfort category,mac & cheese, mom's pot pie, mom's lasagna, chicken noodle soup, meat loaf, and chile. what is your favorite thing your

mom would make. maybe you make one yourself, what do you have? >> my mom told me bread and rolls are to die for, amazing, and for lasagna. i saw this on the list saying my mother-in-law is unbeatable. all of that skips a generation apparently. i'm not a very good -- >> i have a feeling you have it in you. you need a little encouraging. i'm going to push you in that direction. my mom made amazing fried chicken. she was good at it. she knew how to make it in the oven. that made it less messy. that made it perfect seasoning. my mom made the best seafood gumbo. if i had a birthday, it was my thing. chile was on a list, my mom made a terrific chile which she would make with homemade corn bread or hot water corn bread >> shannon: love it. now i'm desperately hungry. see you back here for some good news. >> see you later on. >> thanks, ken.

nba players continue to push back against the main stream media narrative on vaccine mandates. and a minnesota school decides to drop the letter f for grades. they said it combats systemic racism.

>> you know, we're dealing with something that to me has turned into a political war. when you're talking about a vaccination and nonvaccinated. i think it's become very political. and, you know, for someone who's not extremely into politics, when you make something so political and people -- not everyone is into politics, then you can also turn those people off. >> nba all start draymond green following in the footsteps of lebron james saying he will not

pressure his teammates to get the vaccine. the kentucky state university professor wilfred riley joining us for the parents unite, the university of thought conference. great to have you back? >> great to be on the show. >> we've had a number of nba players to step up and give explanations calmly about whether they've been vaccinated or not. they were talking about whether they've had coached or whether it's their role to pressure other players or not. we hear from them. this is what the "usa today" opinion piece says. there will be around a million people this season. they're putting people's lives in danger by not being vaccinated. that's not hard to see. sure the right for people to make personal decisions is very important but that's not what it is. it's a matter of public health. what to you think of these guys debates. >> i'm pro vax myself. hysteria around the comments by

the nba players is a contrast of the usual endorsements of celebrity statements on very serious topics on the left side of the aisle. lebron, great guy in many ways, has contributed very seriously to the police defunding movement. he says black people are terrified to go outside because of interracial crime. it's unlikely as a vaccinated in ks ba plan that you will be infected or killed by player ohhen the hard court, 90 to 100 feet away. and they have a serious topic here such as natural immunity. these are saying we play a contact sport. many of us have had covid. we know that. we test every day. what's the point of the vaccination for people who have immunity, perhaps 10, perhaps 20 time as strong. i think that's something that should enter the main stream conversation on this. >> shannon: yeah, that conversation will continue. in the meantime, we tease another story we're anxious to talk to you about.

this is a minnesota middle school that will eliminate f's to combat systemic racism. this is what a principal at the school said, our whole intrent is to focus on the process of learning, therefore grades will not include behaviors, attitude, tardiness to class whether the assignment is turned in late or on time. there's other ways to communicate these things to the parents. so, you're a professor, what do you make of this? >> it's absurd. as a black businessman and academic, this is just beyond insulting. we've been seeing this a lot lately, the argument that things like being on time or dressing well for interviews are white supremacy. awlaki tell you is this would shock chinese american, indian americans, black, nigerian, and west indian folks who are objectively some of the most successful people in this very diverse country. i don't know who this is coming from, but it's far more likely to be woke white progressives than normal minority parents.

i mean, 60 or 70% of whom support charter schools and a tense education. there's no good place for this to go. if you go to a school with no grades or harsh words, you're going to be very, very shocked by how your sergeant or your students treats you uh the year after you graduate. black people as capable of turning in work and showing up on time and so forth as anybody else, the underlying assumption mind this kind of thing is we are not -- there's no good outcome from that. you're not going to be in high school the rest of your life pull up your pant, young man. >> shannon: okay. you literally wrote the book on this, on hate crime hokes. from the st. louis dispatch, in the situation in missouri, they said in a letter keith marte said a black student has admitted to writing racist graffiti in the

bathrooms. we can't presume why a student would do this. it included a racial slur against blacks on the bathroom wall as well as a statement of someone wishing for the death of black men according to officials. >> of course we understand it. they want to create the impression of a great deal of racism against black people. the oddest thing about this is this is either the second or third time in relatively recent history that this has happened at this one well off suburban school since 2017. i did write the book, hate crime hoax. and it's true that many high-profile incidents, jussie kz smo lshg lett, bubba wallace, fairly often turn out to be mistakes. but i think what we're sealing on the campus goes beyond that. it becomes a supply and demand question. people are successfully integrated high school and a major city very often hear about real fistfight level racism.

they quite likely expect a lot of that. and they see, in many cases, almost none. and for a certain type of ambitious person, it might be really, really tefrnting to create some. i don't think it's a mystery of why those terms were used. to see the people arguing, well, the social justice fight continues, doesn't necessarily matter if that's real or not? there's a surreal element to it. >> yeah, you and i talked about the fact that the worry is you don't want to detract from central instances where people need to be held accountable. always appreciate your time. thank you. >> thank you for having me. >> in the era of equality, night court convenes, you're the jury, it's next.

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. >> shannon: new tonight lauren green is here to fill us in. lauren? >> a christian adoption agency that's been operating for more than 50 years is standing the ground against the state of new york claiming it's being harassed because of its religious beliefs. >> we are trying to do the work we're called to do here in the community and placing babies and families in a very loving father and mother. >> new hope family services in syracuse, new york filed a federal lawsuit against the state's division of human right after it opened an investigation against them over its policy of not placing children with same sex couples. >> new york state has said they have to change the policies or choose to shut down because of that. >> a complaint filed with new york state of rights claims they

violating state law. it is a private agency that does not accept government funding. but under the human rights law, it is not a requirement that the place of public accommodation receive government funds for a claim to be actionable. a spokesperson at the division of human rights said they could not comment on pending litigation. new hope won several battles and the supreme court won over the side of religion that pit lgbt rights against religious freedom like jack phillips, the cake maker who argued that his christian beliefs kept him from making a cake for a same sex couple. >> they decide to weaponize the legal system to harass and intimidate those with whom they disagree. that's what this case is about. another new york agent i is is trying to harass and intimidate

another agency that wants to push out of the square. >> they'll be asking for permanent injunction against the state agency. shannon? shoip lauren green, thank you so much. taking a california dispensary to court over discounts that applies only to women. the market offers a 16% discount to females every monday night with a caveat. it furthers harmful stereotypes but the owner of the dispensary said it's managed by men and women and she's making a statement about the gender pay gap. might court with david bruno and trial attorney jacksonville camorr ashe tsh a. welcome back to both of you. >> thank you, shannon. >> thanks for having me. >> this is from megan's organic. you can see the promo -- ladies' night. they're talking about how the

women make 84 cents a dollar every man makes. come on in, 16 cents off of the purchase. a lot of people do ladies' nights. >> that was my initial reaction when i saw the case. my heart goes out to the dins pencery, small business trying to make things work. but as lawyer, we have to follow the precedent. the precedent in california, the state law, 1985, california supreme court case interprets this law. this is how it reads. it reads that no matter what the sex, they are entitled to full and equal accommodation, advantages, facilities, privileges, services, in all business establishment. that mean there is's no ladies night in car washes, nightclubs, and here in the dispensary according to the california precedence. >> a little fine print here. on exhibit b, it said this also. it said if you are a man and

reap the benefits of pay inequality and want to redeem this discount, be our guest. so they're saying, all right, guys, you can get the discount if you come in and ask for it. what we're told in the lawsuit is this amounts to shaming the men by saying, okay, you already reap the benefit of this bonus, this difference. but, yeah, you can have it too. does that solve the problem, joe? >> this is not a question of shaming. we have to go back to the first principles. if you look at the civil rights act. if the civil rights act said if a business offers advantage to any one group of people, it has to offer it to all groups of people. that's what mom -- megan's organic market is doing. on the website, as you just put up, it has a website that there should be a benefit to ladies because of a pay inequality. but it does say be our guest to men if you want it, you've got it. it not say -- the man who

brought this lawsuit, who brought 40 similar lawsuits, he does not say he went into mom's and was allowed to getting the discount. if that were the case, it would be a vibration. the reliance on the 19 le 5 law is misplaced. i tell you why. the man went into the car wash, asked for the lady's discount, and was not given it. the circumstances of this case, it was unfair and was not offered equally to men and women. that's not what we have in mom's case. we have in mom's case, an advantage that offered both equally to men and women, fraya decided in his lawsuit he wasn't offered it. that's not true. the website said if you ask for it, you got it. instead he says, i just -- it wasn't given to me. if you don't ask for it, you're

not going to be given it. he's trying to set up moms for this type of a violation which will not stand. and i think at the end of the day, this serial lawsuit filer will get his case dismissed and mom should ask for sanctions, fees and costs against frye for bringing this lawsuit. >> okay, david, quick rebuttal from you? >> factual issue. whether or not he was offered on monday. it does allege in the complaint that he and others were not extended the men's discount as well. that's what lawsuit is for and discovery is for. it will come down factually, i do agree with counsel, if everyone gets it, it's lawful. but if young specific gender gets it, it's not. >> we'll see if it makes it past that initial phase. david, jill, thank you both. have a great weekend.

>> bye. >> good news before we say good night, a hawaii man has been reunited with his wedding ring a year and a half after losing it. he was cliff jumping with lexi. they were getting pictures taken. the couple searched for a month with a metal detector until another couple found it nestled in lava rock. the couple posted it on the social media page more than a year later. the photographer who was taking the shots, the original one, saw the post, arranged to connect everyone. they filmed the emotional reunion and posted it on tick toning. 700,000 views. i love it. lost my wedding ring once, found it months later and cried for about a week. >> so happy you found it. it had to be traumatic. me, i don't have that problem. at least not yet. >> we'll get you one. >> another story. real quick, after spending several months camping because they couldn't find a place to live, a utah family of 13 has a

roof over their shoulders. danny and brittney basically had to leave their spot because the owner of the place they're living decided to sell it. a utah family decided to give them a little bit of hill up. tell you more ant that on monday. >> thank you, have a wonderful weekend. that's it from washington. hank . neutrogena®. for people with skin. ordinary tissues burn when theo blows. so dad bought puffs plus lotion, neutrogena®. and rescued his nose. with up to 50% more lotion puffs bring soothing softness and relief. a nose in need deserves puffs indeed.

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we see a close up of the grille ...an overhead shot. she drives hands free along the coast. make it palm springs. cadillac is going electric. if you want to be bold, you have to go off - script. experience the all-electric cadillac lyric. hear the kettle home and tucker carlson will say something interesting. ♪ ♪ >> tucker: welcome to tucker carlson tonight. happy friday. we get all of our history from wikipedia. it's convenient, but it so politicized and dishonest that on a lot of topics, certainly anything related to partisan politics, it's not even worth reading anymore. on the other hand, a lot of stuff, a huge sites and there are some gems remaining on wikipedia. if you have a